HomeMy WebLinkAboutO-2000-2393
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ORDINANCE NO. 00- ~ )l=t 3
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND THE GLEN MEADOWS SECTION 4A
COMMUNITY IMPROVEMENT ASSOCIATION REGARDING JOINT
PARTICIPATION IN INSTALLATION OF A DECORATIVE LIGHTING SYSTEM
FOR GLEN MEADOWS PARK; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in
substantially the form as shown in the document which is attached hereto and
incorporated herein by this reference. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and
to affIX the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place, and subject of this
meeting of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and
that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves,
and confirms such written notice and the contents and posting thereof.
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Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 27TH day of March, 2000.
CITY OF LA PORTE
By:
~~~
Mayor
A'ITEST:
0Y!iJ.JJh- /tAJI;)
Martha Gillett,
City Secretary
D AS TO FORM:
Knox W. Askins,
City Attorney
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AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE GLEN MEADOWS SECTION 4A
COMMUNITY IMPROVEMENT ASSOCIATION INCORPORATED
REGARDING JOINT VENTURE LIGHTING OF GLEN MEADOWS PARK
BECAUSE, the City of La Porte (the "City") is the owner and operator of Glen
Meadows Park as part of the parks and recreational facilities of the community; and
Because, the Glen Meadows Section 4A Community Improvement
Association (the "Association") has contributed funds in past years, which funds have been
matched by the City, toward the construction of various amenities and facilities at Glen
Meadows Park; and
Because, the City wishes to recognize and commend the funding that has
been provided by the Association;
NOW THERE'FORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is
agreed as follows:
I.
The City will enter into a separate agreement with Reliant Energy/HL&P (HL&P) to install
and provide lighting for Glen Meadows Park. HL&P will install, own and maintain eighteen
(18) each, fluted, tapered gloss black painted Traditionaire poles at fourteen (14) foot
mounting height, equipped with 100 watt high pressure sodium GranVille luminares, and
associated conductors. The City will utilize a portion of its six percent (6%) streeflight
allocation for this installation that will reduce the cost of the installed poles and luminares
by Nine Hundred Dollars ($900.00) for each pole and luminare installed. The resulting cost
of installation for the project will be Three Hundred Twenty-three Dollars ($323.00) for each
pole, luminare, associated conductor, and equipment; for a sub-total of Five Thousand
Eight Hundred Fourteen Dollars ($5,814.00). The actual value of the installation, including
the City/HL&P allocation is Twenty-two Thousand Fourteen Dollars ($22,014.00) . The City
will be billed by HL&P for operation and maintenance of the lights for each month of
operation in the amount of Fifteen Dollars and Eighteen Cents ($15.18) for each installed
light, for a total of Two Hundred Seventy-three Dollars and Twenty-four Cents ($273.24)
per month for the expected life of the installation. HL&P has reserved the right to adjust the
monthly operating and maintenance fees for fluctuations in fuel costs and other reasons
as deemed necessary.
II.
HL&P will assume responsibility for routine maintenance of the light fixtures, poles and
associated conductor located on City property at Glen Meadows Park. It is agreed that an
Page 1 of 3
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authorized representative of the City shall field inspect and approve the location of each
light to be installed. HL&P will identify each light numerically so as to increase the
efficiency of tracking and maintenance.
III.
The Association agrees to participate in the cost of installation of the said lights at Glen
Meadows Park in the following method. The Association agrees to pay the reduced cost
of installation for the project in the amount of Five Thousand Eight Hundred Fourteen
Dollars ($5,814). The City will assume responsibility for payment of the operation and
maintenance costs for the lighting. Operations and maintenance costs will be paid using
Joint Venture capital fund for the remainder of the current fiscal year. Subsequent costs
for maintenance and operation will be funded through the Parks & Recreation Department
operating budget. With the payment of the installation costs as delineated herein, the
Association's financial obligation will be at an end for this project.
IV.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the
Agreement, or any part, to any person, partnership, company, corporation, club or
association without prior written consent of the City of La Porte.
V.
This instrument contains the entire Agreement between the parties relating to the rights
granted in the agreement and the obligations assumed as a part of the Agreement. Any
representations or modifications concerning this agreement shall have no force or effect
unless modified in writing, and signed by each party to the Agreement.
VI.
This Agreement shall be in force for a period of one (1) year beginning with the date of
completion of the project installation. During the term of this Agreement, the Association
and the City may enter into separate Agreements regarding future capitai improvement
projects that may be contemplated in the City and the Association.
VII.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this Agreement shall, for any reason, not be legally or factually valid, such
invalidity shall not affect the remaining portions of this Agreement.
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IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have
the effect of an original as follows:
(A) It has been executed on behalf of the City on the)fI/-' day of
t1"a L(.l- , 2000, by its City Manager
and attested by its City Secretary, pursuant to an Ordinance of the City
Council of the City of La Porte, authorizing such execution; and
(B) It has been executed on behalf of the Association on the day of
, 2000, by its President and attested by its
Secretary, pursuant to authorization from the Board of Directors of the Glen
Meadows Section 4A Community Improvement Association Incorporated,
authorizing such execution,
CITY OF LA PORTE
. -, r -- \\ n
By: ';'\,....\ ......--.-'" \, ~ '-........'-'-"
Robert T. Herrera, City Manager
ATTEST:
,-1mttflAl.\. A.li/lP
Martha Gillett, City Secretary
GLEN MEADOWS SECTION 4A
COMMUNITY IMPROVEMENT
ASSOCIATION INCORPORATED
Ci L} ~
By: ....~~:::7r':" ~/..: ~
Ge rge WatkinS, PresIdent
~: "
I L"C(~
Association Secretary
APPROVED AS TO FORM:
.- .
.,"'. /' '._ /' :.' . ....' i... " .
".. (elf t.... ". :... .]1': , <. '--7
". -' -.........
Knox W. Askins, City Attorney
Page 3 of 3
FULBRIGHT & JAWORSKI
TEL4It3-651-5246
Jul 13.e
8:46 No.OOl P.02
GLEN MEADOWS SECTION 4A COMMUNITY ASSOCIATION, INC.
c/o 5237 GLENl"ARK DAIVE
LA PORTe::. TEXAS 77571
July 13, 1998
Mr. Stephen Barr, Director
City of La Porte Parka & Recreation
P.O. Box 1115
La Porte, Texas 77572-1115
Via Facsimile 281/470-1861
Doar Mr. Barr:
Approval is requested to instaJl a fence in Glen Meadows Park on Valloy Brook
in La Porte, Texas. The cost of the fence is $15,529.00. The fence will be 1,040 feet
long and will run across the park frontage on Valley Brook. A copy of the estimate
from Atlas Fence Co., Inc. is attached which lists the spacifications. The spacing
between the bars will be 5-11211. The fence wi)) be constructed of galvanized steel.
There will be three pass-thru openings in tho fence. I have also attached a copy of
Atlas Fence Co., Ineo's insurance policy. Our secretary/treasure's attestion is also
enclosed.
By copy of this letter we roquest matching funds for this project from the City
of La Porte.
Additionally, we ara considering the following future projects with the City of La
Porte for Glen Meadows Park: trash receptacles, park benches, a basketball court, park
lighting, and completing irrigation.
Thank you for your attention to this matter. Please feel free to contact me at
(713) 651-7709 or (281) 470-7540 with any comments or questiolls.
Sincerely,
GLEN MEADOWS SECTION 4A
COMMUNITY ASSOCIATION, INC.
~~
gheila Cook, President
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5484(7 -99)
Job 30614390A
Map 6154C
SIC MAG PARK
EASEMENT
STATE OF TEXAS }
COUNTY OF HARRIS}
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, City of La Porte, Texas, herein called Grantor, whether one or more, for and
in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by Reliant
Energy, Incorporated, herein called Grantee, whose principal address is P. O. Box 1700,
Houston, Texas 77251, has GRANTED, SOLD AND CONVEYED and by these presents,
does GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, an
easement for electric distribution facilities and/or natural gas facilities (consisting of all
necessary and desirable equipment and appurtenances), located on, under, over, and
across the following described lands, to wit:
That certain 8. 1275-acre tract or parcel of land being all of Reserve "A" of
Glen Meadows, Section Five, a subdivision out of the W. M. Jones League,
Abstract 482, in Harris County, Texas, according to the map or plat thereof
recorded in Film Code 358012 of the Map Records of said County and State,
being that same property described in City Ordinance No. 95-2077, dated
November 13, 1995.
The e~sements herein granted are five (5) feet wide at. the following
locations:
1. Shown by the crosshatched areas on Sketch Nos. 00-352 and 00-352A,
revised August 9,2000, hereto attached and made parts hereof.
2. Shown by the dot-dash symbols on said attached Sketch Nos. 00352 and
00352A.
Grantee shall also have rights of ingress and egress to and from said easement,
together with reasonable working space, for the purposes of erecting, installing, operating,
\\CORP4\SYS2IUSERS\IOO36021DOC\MAC\30614390A.EAS.DOC
8/10100
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5484(7 -99) Job 30614390A
Map 6154C
SIC MAG PARK
maintaining, replacing, inspecting, and removing said electric distribution facilities and/or
natural gas facilities, together with the additional right to remove from said easement and
land adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the
opinion of Grantee, endanger or may interfere with the efficiency, safe and proper
operation, and maintenance of said electric distribution facilities and/or natural gas
facilities.
This instrument grants Reliant Energy, Incorporated certain easement rights as
more fully described herein. Grantor may GRANT, SELL AND CONVEY unto Grantee
easement rights for electrical facilities only, or for natural gas facilities only, or for both
electrical and natural gas facilities. Please indicate in the spaces provided below which
easement rights, if any, are being conveyed to Grantee. If Grantor signs this instrument
and does not check either space provided, it is understood that Grantor intends to convey
unto Grantee rights for both electrical and natural gas facilities.
--'- Electrical facilities
Natural gas facilities
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its
successors or assigns, forever, and Grantor does hereby bind itself and its successors,
heirs, assigns, and legal representatives, to warrant and forever defend all and singular
the above described easement and rights unto said Grantee, its successors and assigns,
.:
against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
G:\OOOMAC\30814390A.EAS.OOC
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exeCUTeD this (,rJ-
day of
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Job 30614390A
Map 6154C
SIC MAG PARK
,uDJe iIYl0~( ,2000 .
5484(7-99)
ATTEST:
CITY OF LA PORTE, TEXAS
By~(iL-tl1(}.. O. J1.A}Jil
City Secretary
By:Q~ T. \~~
City Manager
~() if (T (; I+f ((e' '1
(Name typed or printed)
JY1fn2.~ ~. ~; JI-eH-
(Name typed or printed)
STATE OF TEXAS }
COUNTY OF }
T~.is instrum~ was acknowledged before me on jl'lfUE'tH tJ-i v <E ,20~, by
~u h~rt I. l-k; ((.,0- , City Manager of the City of La Porte, Texas, on
behalf of said city.
",,"~'I;t'.,.
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JANIS H. GOULDER
MY COMMISSION EXPIRES
December '0, 2003
.. f 'J ~t/ ., f)
(' 1./7,'.) / ,CYtJ~-)./--
., atary's Signature
~ j rtUll:\' II ~CL Icier
(Name typed or printed)
Commission Expires: /'2 - 2 7-(:.'3
AFTER RECORDING RETURN TO:
SURVEYING & MAPPING
RELIANT ENERGY HL&P
P. O. BOX 1700
HOUSTON, TX 77251-1700
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-"- REV. 1 : JOB NO.30614390A BY: BGB
150 EASEMENT - UNOBSTRUCTED
COUNTY: HARRIS
DATE: JULY 12, 2000
SCALE: 1" = 1 DO'
FILE NO. - BOOK: 9
SCALE IN FEET
NOTE: THE EXTERIORS OF' AlL EASEMENTS ARE TO
INTERSECT WI1H TliE EXTERIORS OF' AlL ADJOINING
EASEMENTS OR WITH ADJOINING PROPERTY UNES.
DISK: 527
LAST PLOT DATE: B/09/00
DRAWN BY: BGB
MAP NO: 6154 C
JOB NO: 30614390
CHECKED BY: T.M.C.
a
BY: ~
RELIANT ENERGY HL&P
elMslon of: REUANT ENERGY INCORPORATED
SURVEYING & MAPPING SECTION
P.O. Box 1700 Houston, TX 77251-1700
(713) 207-111 t
SKETCH NO. 00-352A
GLEN MEADOWS
SECTION FIVE
FC# 358012
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-~ 5' EASEMENT
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REV.2: JOB NO,
GLEN MEADOWS
ONE, VOL, 254, PC, 25
M,R
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w. M. JONES
LEAGUE
A - 482
LEGEND -
. = Fnd. 5/B" I.R.
Unless otherwise Noted,
Blk. 8
Lot 50 / I Lot 49 Lot 21
S D
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Lot 9
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CURVE
C2
RADIUS DELTA
430.00 54'34'578
ARC
409.64
TANGENT
221 .86
BEARING
S 24'25'218
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CHORD
394.32
L23
L24
L25
L26
L27
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CITY OF LA PORTE
ORDINANCE NO. 95-2077
RESERVE "A"
8.1275 AC.
DISTANCE
78.64'
25.22'
5.00'
17.14'
45.74'
83.44'
2.35'
BEARING
N 02'51'05" W
N 02'51'05" W
S B7'OB'55" W
S 26'47'05" W
S 44'11'34" W
S 65'46'15" W
S 02'52'30" E
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Sheet 2 of 2